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HomeMy WebLinkAbout12/05/1985COMMISSIONLRS REGULAR"PLANNING COMMISSION MEETING PLACE,: City Council Chambers MINUTES X o e TIME: 7:30 p.m. i o °v m DATE: December 5, 1985 z c m a m = M z a a T 01 Cit of Newport Beach = W O r O M ROLL CALL INDEX Present ix 11 xlxjxlxlx` All Commissioners Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Dee Edwards, Secretary • Minutes of November 21, 1985: Minutes of Motion x Motion was made for approval of the November 21, 1985, 11 -21 -85 All Ayes Planning Commission Minutes. Motion voted on, MOTION CARRIED. General Plan Amendment 85 -3 (Public Hearing) I Item No.l Request to consider an amendment to the Land Use GPA 85 -3 Element of the Newport Beach General Plan so as to allow an additional 9,500 sq.ft, of office development Approved in Block 700 of Newport Center (Pacific Mutual); and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item, and Mr. Bill Ficker, Ficker and Ruffing Architects, 522 West Ocean Front, appeared on behalf of the applicant. Mr. Ficker stated that the additional office space will be constructed within the basement area of the existing headquarters building and that there will be adequate parking spaces within the existing parking facilities. The public hearing was closed at this time. Motion Motion was made to approve General Plan Amendment 85 -3 All Ayes (Resolution No. 1134). Motion was voted on, MOTION CARRIED. * * x A. Final Map of Tract No. 12212 (Discussion) I Item No.2 Request to approve a Final Map of Tract No. 12212 FTM12212 (being a portion of the Tentative Map of Tract No. FTM12362 12212), subdividing 7.96 acres of land into 50 numbered FTM12528 lots for single family residential development, 1 FTM12529 numbered lot for public park purposes, 4 lettered lots FTM12530 for private street and access purposes and 1 lettered lot for private landscape and open space purposes. Approved Ms, I I I I I I I I B. Final Map of Tract No. 12362 (Discussion) • Request to approve a Final Map of Tract No. 12362 subdividing 6.05 acres of land into 2 lots for residen- tial condominium purposes and 1 lot for related private recreational purposes. AND C. Final Map of Tract No. 12528 (Discussion) Request to approve a Final Map of Tract No. 12528 (being a portion of the Tentative Tract No. 12212), subdividing 24.88 acres of land into l numbered lot for restaurant or office purposes, 2 numbered lots for office purposes, 1 numbered lot for hotel purposes, 2 numbered lots for related parking structure purposes, 1 numbered lot for private health club and commercial purposes, 1 lettered lot for private street purposes and 1 lettered lot for public open space purposes. AND D. Final Map of Tract No. 12529 (Discussion) COMMISSIONERS MINUTES c o December 5, 1985 x m z c m y m z (being a portion of the Tentative Map of Tract .No. • m M D z r G) x 0 p Z r m I City of Newport Beach W 12212), subdividing 7.05 acres of land into 52 numbered lots for single family residential purposes, 1 numbered ROLL CALL I lot for private recreational purposes, 7 lettered lots INDEX Motion Motion was made to approve General Plan Amendment 85 -3 All Ayes (Resolution No. 1134). Motion was voted on, MOTION CARRIED. * * x A. Final Map of Tract No. 12212 (Discussion) I Item No.2 Request to approve a Final Map of Tract No. 12212 FTM12212 (being a portion of the Tentative Map of Tract No. FTM12362 12212), subdividing 7.96 acres of land into 50 numbered FTM12528 lots for single family residential development, 1 FTM12529 numbered lot for public park purposes, 4 lettered lots FTM12530 for private street and access purposes and 1 lettered lot for private landscape and open space purposes. Approved Ms, I I I I I I I I B. Final Map of Tract No. 12362 (Discussion) • Request to approve a Final Map of Tract No. 12362 subdividing 6.05 acres of land into 2 lots for residen- tial condominium purposes and 1 lot for related private recreational purposes. AND C. Final Map of Tract No. 12528 (Discussion) Request to approve a Final Map of Tract No. 12528 (being a portion of the Tentative Tract No. 12212), subdividing 24.88 acres of land into l numbered lot for restaurant or office purposes, 2 numbered lots for office purposes, 1 numbered lot for hotel purposes, 2 numbered lots for related parking structure purposes, 1 numbered lot for private health club and commercial purposes, 1 lettered lot for private street purposes and 1 lettered lot for public open space purposes. AND D. Final Map of Tract No. 12529 (Discussion) -2- Request to approve a Final Map of Tract No. 12529 (being a portion of the Tentative Map of Tract .No. • 12212), subdividing 7.05 acres of land into 52 numbered lots for single family residential purposes, 1 numbered lot for private recreational purposes, 7 lettered lots -2- MISSIONERS A x C o f z a C c r v z c m s m W a S z r 0 M m O m> r z 9 z S E T MINUTES December 5, 1985 of Newport Beach for private street and access purposes and 2 lettered lots for private landscape and open space purposes. =2 E. Final Map of Tract No. 12530 (Discussion) Request to approve a Final Map of Tract No. 12530 (being a portion of the Tentative Map of Tract No. 12212), subdividing 5.45 acres of land into 43 numbered lots for single family residential purposes, 5 lettered lots for private street and access purposes and 4 lettered lots for private landscape and open space purposes. LOCATION: A portion of Block 51, Irvine's Sub- division, located at the southwesterly corner of Jamboree Road and Bristol Street. • ZONE: P -C (Prezoned) APPLICANT: J. M. Peters Company, Newport Beach OWNER: Same as applicant ENGINEER: Morse Consulting Group, Irvine William Laycock, Current Planning Administrator, stated that the Fire Department has recommended a street name change in conjunction with Tract No. 12529: that Heron Way be changed to Egret Court because there is currently a Heron Way in Harbor View Hills. The discussion period opened at this time, and because there was no one present representing the applicant, a Motion x motion was made to approve the Final Maps of Tract No. All Ayes 12212, Tract No. 12362, Tract No. 12528, Tract No. 12529 and Tract No. 12530, subject to the findings and condition in Exhibit "A ", including the modification of the street name change. Motion voted on, MOTION CARRIED. FINDINGS: • 1. That the Final Maps of Tract No. 12212, Tract No. 12528, Tract No. 12529 and Tract No. 12530, being portions of the Tentative Map of Tract No. 12212, substantially conform to said Tentative Map and -3- COMMISSIONERS with all changes permitted and all requirements imposed as conditions to their acceptance. 2. That the Final Map of Tract No. 12362, substan- tially conforms to the Tentative Map of said Tract and with all changes permitted and all require- ments imposed as conditions to its acceptance. CONDITION: 1. That all remaining conditions imposed by the Orange County Board of Supervisors in conjunction with their approval of the Tentative Maps of Tract No. 12212 and Tract No. 12362 shall be fulfilled. f I I( I x Variance No. 1126 (Continued Public Hearing) • Request to permit alterations and additions to an existing single family dwelling which exceeds the maximum allowable height within the 24/28 Foot Height Limitation District. All development will be below the top of the curb along Ocean Boulevard. The proposal also includes a request to exceed the maximum 1.5 times the buildable area of the site and a modification to the Zoning Code so as to allow portions of a proposed elevator and vestibule area and a second level deck, to encroach 1 foot, 4 inches into a required 4 foot side yard setback. • LOCATION: Parcel "B" of Parcel Map 4545 -199 (Resubdivision No. 79) located at 2711 Ocean Boulevard, on the westerly side of Ocean Boulevard, between Fernleaf Avenue and Goldenrod Avenue, in Corona del Mar. ZONE: R -1 APPLICANTS: Mr. and Mrs. Jack Caldwell, Corona del Mar OWNERS: Same as applicants . -4- MINUTES Item No.3 V1126 Approved December 5, 1985 a °v c) m C y y z c m y z Cz C m W z r oroo 9 r m I City of Newport Beach z with all changes permitted and all requirements imposed as conditions to their acceptance. 2. That the Final Map of Tract No. 12362, substan- tially conforms to the Tentative Map of said Tract and with all changes permitted and all require- ments imposed as conditions to its acceptance. CONDITION: 1. That all remaining conditions imposed by the Orange County Board of Supervisors in conjunction with their approval of the Tentative Maps of Tract No. 12212 and Tract No. 12362 shall be fulfilled. f I I( I x Variance No. 1126 (Continued Public Hearing) • Request to permit alterations and additions to an existing single family dwelling which exceeds the maximum allowable height within the 24/28 Foot Height Limitation District. All development will be below the top of the curb along Ocean Boulevard. The proposal also includes a request to exceed the maximum 1.5 times the buildable area of the site and a modification to the Zoning Code so as to allow portions of a proposed elevator and vestibule area and a second level deck, to encroach 1 foot, 4 inches into a required 4 foot side yard setback. • LOCATION: Parcel "B" of Parcel Map 4545 -199 (Resubdivision No. 79) located at 2711 Ocean Boulevard, on the westerly side of Ocean Boulevard, between Fernleaf Avenue and Goldenrod Avenue, in Corona del Mar. ZONE: R -1 APPLICANTS: Mr. and Mrs. Jack Caldwell, Corona del Mar OWNERS: Same as applicants . -4- MINUTES Item No.3 V1126 Approved COMMISSIONERS 0 • December 5, 1985 of Newport Beach William Laycock advised that the existing living space on the site, excluding exterior walls and garages, contains approximately 3,776 square feet, and the 1.5 times buildable area which is permitted in Old Corona del Mar would allow approximately 4,509 square feet of living space excluding the garages and exterior walls. Mr. Laycock explained that if the Variance is approved to exceed the 1.5 times buildable area, then approximately 4,723 square feet of interior living space would be permitted on the site. He compared the subject Variance with two recently approved Variances in the China Cove area, and the size of a typical lot in Corona del Mar. James Hewicker, Planning Director, commented that the Planning Commission has recommended to the City Council that the China Cove area be granted a Floor Area Ratio of 2 times buildable area because of the smaller lots in China Cove; however, he said that the City Council rejected the idea. Mr. Hewicker explained that there is no change in the buildable area of a lot if a Variance is granted on a particular parcel to allow an encroachment into a front, side or rear yard setback. In response to a question posed by Commissioner Koppelman, Mr. Laycock explained that the existing Floor Area Ratio is 1.31 times the buildable area and that the proposed Floor Area Ratio is 1.56 times the buildable area. The public hearing was opened in connection with this item, and Mr. Dick Dodd, Architect, 201 Shipyard Way, appeared before the Planning Commission on behalf of the applicants. Mr. Dodd commented that the project's design was difficult because of the unique slope and shape of the subject lot. He explained that the proposed elevator no longer encroaches into the side yard and does not visually increase the mass of the building. Mr. Dodd opined that the 214 square feet over the buildable area is 3.7% of the gross area of the building. He commented that a substantial amount of interior space will be built into the bluff area, and that the additional square footage is visually less than the permitted 1.5 times Floor Area Ratio. Commissioner Koppelman asked Mr. Dodd if the Planning Commission required that the 1.5 Floor Area Ratio be retained, where would the additional 214 square feet be -5- MINUTES X c o n x v y m Z c m y m z m s A z r m x C 2 m O 3 0 0 a m o m r T Z 9 2 9 2 T M Z 0 • December 5, 1985 of Newport Beach William Laycock advised that the existing living space on the site, excluding exterior walls and garages, contains approximately 3,776 square feet, and the 1.5 times buildable area which is permitted in Old Corona del Mar would allow approximately 4,509 square feet of living space excluding the garages and exterior walls. Mr. Laycock explained that if the Variance is approved to exceed the 1.5 times buildable area, then approximately 4,723 square feet of interior living space would be permitted on the site. He compared the subject Variance with two recently approved Variances in the China Cove area, and the size of a typical lot in Corona del Mar. James Hewicker, Planning Director, commented that the Planning Commission has recommended to the City Council that the China Cove area be granted a Floor Area Ratio of 2 times buildable area because of the smaller lots in China Cove; however, he said that the City Council rejected the idea. Mr. Hewicker explained that there is no change in the buildable area of a lot if a Variance is granted on a particular parcel to allow an encroachment into a front, side or rear yard setback. In response to a question posed by Commissioner Koppelman, Mr. Laycock explained that the existing Floor Area Ratio is 1.31 times the buildable area and that the proposed Floor Area Ratio is 1.56 times the buildable area. The public hearing was opened in connection with this item, and Mr. Dick Dodd, Architect, 201 Shipyard Way, appeared before the Planning Commission on behalf of the applicants. Mr. Dodd commented that the project's design was difficult because of the unique slope and shape of the subject lot. He explained that the proposed elevator no longer encroaches into the side yard and does not visually increase the mass of the building. Mr. Dodd opined that the 214 square feet over the buildable area is 3.7% of the gross area of the building. He commented that a substantial amount of interior space will be built into the bluff area, and that the additional square footage is visually less than the permitted 1.5 times Floor Area Ratio. Commissioner Koppelman asked Mr. Dodd if the Planning Commission required that the 1.5 Floor Area Ratio be retained, where would the additional 214 square feet be -5- MINUTES ROLL removed? Mr. Dodd replied that the lobby on the lower floor to the elevator could be reduced and the elevator would open to a foyer, whereby the applicants would be required to go outside to the garage area from the elevator; or the galleria from the house to the game room could be reduced and an open deck could be built, but he explained that the living area of the house would be reduced but not the mass of the house. Mr. Dodd commented the house has.a large circulation area that has.absorbed a large amount of the living area. In response to Commissioner Turner, Mr. Dodd described how the removal of the lower deck could become a security problem from the house to the garage. Mr. Jack Caldwell, applicant, appeared before the Planning Commission. Mr. Caldwell submitted a letter from Mr. John Gray, 2701 Ocean Boulevard, stating that he supports the findings and conditions in Exhibit "B ", and a letter signed by Ms. Esther Parant and Ms. Alice COMMISSIONERS Remer, stating their support of the findings and MINUTES T " " December 5, 1985 c o conditions in Exhibit "B ". r 9 m z c m y m z c Z N 0 3 O O I= a= r I City of Newport Beach 9= m removed? Mr. Dodd replied that the lobby on the lower floor to the elevator could be reduced and the elevator would open to a foyer, whereby the applicants would be required to go outside to the garage area from the elevator; or the galleria from the house to the game room could be reduced and an open deck could be built, but he explained that the living area of the house would be reduced but not the mass of the house. Mr. Dodd commented the house has.a large circulation area that has.absorbed a large amount of the living area. In response to Commissioner Turner, Mr. Dodd described how the removal of the lower deck could become a security problem from the house to the garage. Mr. Jack Caldwell, applicant, appeared before the Planning Commission. Mr. Caldwell submitted a letter from Mr. John Gray, 2701 Ocean Boulevard, stating that he supports the findings and conditions in Exhibit "B ", and a letter signed by Ms. Esther Parant and Ms. Alice SL Remer, stating their support of the findings and • conditions in Exhibit "B ". Mr. Caldwell stated that the subject application will not set a precedent and that this application is a unique situation. Mr. Caldwell read an outline of comments submitted by him to the Planning Commission in support of the findings and conditions of approval in Exhibit "B ": that Finding No. 4, Exhibit "A ", should state that there are exceptional or extraordinary circumstances regarding the buildable area of the site; that the exterior wall thickness is repeated at each level and exaggerates the building size; (Motion was Motion x made to allow the applicant an additional 4 minutes to All Ayes submit his presentation. Motion voted on, MOTION CARRIED); because of the multi -level design more interior circulation is required; if the area were to be calculated along the original slope or grade of the lot the buildable area would fall below the 1.5 times buildable area; if the City had modified setback variances by an Ordinance bringing the lots along Ocean Boulevard into conformity, then the issue of exceeding the buildable area would not have been raised because the area of the building would be well within the 1.5 times buildable area guideline; a substantial portion of the building is excavated into the hillside and does not contribute to the bulk appearance of the structure; and the bulk appearance of the structure as viewed from the bay will not change by the proposed construction. SL MISSIONERS • Motion All Ayes 0 December 5, 1985 of Newport Beach Mr. Dick Nichols, 519 Iris Avenue, representing the Corona del Mar Community Association, appeared before the Planning Commission stating that if the Variance is approved, the project's exceeding 1.5 times the buildable area could set a precedent in other areas of Old Corona del Mar. The public hearing was closed at this time. In regard to Commissioner Goff's reference to Mr. Caldwell's comment, Mr. Hewicker stated that the buildable area calculation of the lot is based upon the interior boundaries of the setback area projected upon a horizontal plane. Motion was made to approve Variance No. 1126, subject to the findings and conditions of approval in Exhibit "B" (Revised) . Commissioner Koppelman explained that there is support for the Variance in the neighborhood, that there would be no view obstruction or increase in bulk of the project, that the project is an exceptional case, and is not a precedent setter for the bluff area. Commissioner Turner stated that he supports Commissioner Koppelman's motion based on her reasons, and in addition, he reasoned that security could be a problem, that the added bulk is at the base of the building and does not affect the neighbors, and that the project is unique and not precedent setting. Commissioner Goff stated that he agrees with the aforementioned reasons to .approve the Variance, and in addition he commented that the 3% to 4% increase over the 1.5 times buildable area justifies the loss of livability and amenities in the logical areas that would have to be redesigned. Chairman Person stated that his vote is not based upon any prior action of this Planning Commission or the City Council. Motion voted on to approve Variance No. 1126, subject to the findings and conditions in Exhibit "B" (Revised). MOTION CARRIED. -7- MINUTES x x C o � 9 9 x m 2 C m D m Z m a z r S C z 0 m o i COMMISSIONERS FINDINGS: December 5, 1985 Beach 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circum- stances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the subject property maintains a very steep slope which is significantly different than other lots on the upland side of Ocean Boulevard. 2. That the granting of a variance to exceed the permitted building height and allowable gross floor area is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed building is of comparable height and area to other buildings on the bluff side of Ocean Boulevard. 3. That the establishment, maintenance, and operation • of the use, property, and building at the proposed height and area will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • 4. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. CONDITIONS: 1. That the development .shall be in substantial conformance with the approved revised plot plan, floor plans; elevations and sections, except as noted below. 2. That the gross floor area of the structure shall not exceed 5,923 sq.ft. (1.56 x buildable area). C MINUTES A A c o x - 9 r 7 m a c C m Z m z m S c a s x r o S 0 0 x 0 City of z = Z y = gy m Y v' FINDINGS: December 5, 1985 Beach 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circum- stances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the subject property maintains a very steep slope which is significantly different than other lots on the upland side of Ocean Boulevard. 2. That the granting of a variance to exceed the permitted building height and allowable gross floor area is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed building is of comparable height and area to other buildings on the bluff side of Ocean Boulevard. 3. That the establishment, maintenance, and operation • of the use, property, and building at the proposed height and area will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • 4. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. CONDITIONS: 1. That the development .shall be in substantial conformance with the approved revised plot plan, floor plans; elevations and sections, except as noted below. 2. That the gross floor area of the structure shall not exceed 5,923 sq.ft. (1.56 x buildable area). C MINUTES MINUTES c r December 5, 1985 C 2 N a r 0 0 9 z = T m City of Newport Beach D ROLL CALL INDEX A. Amendment No. 624 (Public Hearing) Item No.4 A624 Request to establish Planned Community Development Standards and adopt a Planned Community Development TS Plan for the development of the Corona del Mar Seniors TTM11949 Project Planned Community. The proposal also includes a request to amend portions of Districting Maps No. 32 Approved and 51, so as to reclassify said property from the R -1 -B District to the Planned Community District; and the acceptance of an environmental document. AND B. Traffic Study (Public Hearing) Request to consider a Traffic Study for a 100 unit condominium development. AND C. Tentative Map of Tract No. 11949 (Public Hearing) Request to subdivide 15.07 acres of land into 5 num- bered lots for residential condominium development, 2 lettered lots for private open space purposes, 1 lettered lot for private recreational purposes and 2 lettered lots for public recreational purposes. LOCATION: Portions of Blocks 95 and 96, Irvine's Subdivision, located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach City Limits, in Corona del Mar. ZONE: R -1 -B APPLICANT: The Bren Company, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams Streeter, Irvine In response to Chairman Person's inquiry regarding the revisions and additions to the Conditions of Approval as submitted by staff, James Hewicker, Planning • Director, commented that revised Condition No. 17 emphasizes "that lots C, D, E, and F will be cared for M MISSIONERS - December 5, 1985 x x i ' ; x C T Z a c m z a c a w p; 0 0 Z City of Newport Beach and maintained by the homeowners association so as to protect the slopes from erosion and deterioration "; Condition No. 50 revision states that "the final grading plan shall reflect the elevations shown on the plot plan which will, in combination with the design concept of the structures insure the view preservation required by the General Plan," and he said that this is an effort to assure the Planning Commission, City Council, and the neighboring residential community that the elevations, the average roof heights, and ridge heights shown on the plans, are the heights that will be built and that they will be according to the finish floor elevations to assure that the blue water views will be protected; added Condition No. 61 states that "all structures on the project site shall have non - combustible roof coverings ".. In response to Commissioner Turner's question regarding the development's roof peaks in relationship to the pad elevations of the houses on Sandcastle Drive, Mr. Hewicker replied that a view analysis has been done from each of the home sites along Sandcastle Drive using photographs and poles to measure the actual height of the ridges. In respect to the elevations and the finished floor elevations, Mr. Hewicker cited the measurements that govern are the 22 foot average and the 25 foot ridge in relationship to the finished floor elevation on the drawing as opposed to the average 24 foot height limit shown on the specified Planned Community document. The public hearing was opened at this time, and Mr. David Neish, Urban Assist, Inc., appeared before the Planning Commission on behalf of the applicant. Mr. Neish briefly reviewed the proposed development and the previously proposed Corona del Mar Cottage Homes, a detached single family residential development that was withdrawn at the conclusion of the City Council hearing on April 8, 1985. Mr. Neish stated that on June 10, 1985, City Council considered a General Plan Amendment relative to the subject site and approved the change of land use designation to a multi - family residential, specifically for senior citizen housing. He pointed out two conditions that were adopted by the City Council in conjunction with the General Plan Amendment, by stating that the proposed project would not exceed 115 units even though the new land use designation would allow -10- MINUTES INDEX MISSIONERS MINUTES INDEX 150 units to occur on the site; and the City Council required that no blue water views from the adjacent lots on Sandcastle Drive would be obstructed by implementation of the proposed project. He said the measurement was required at -a point 30 inches above rear pad elevations on Sandcastle Drive lots. Mr. Neish cited that the City Council also removed from the General Plan the residential alternative land use designation from Buck Gully, which now stipulates recreational and environmental open space use only. Mr. Neish stated that the City Council directed the applicant to provide a means of reducing traffic generation from the project compared to the previously proposed Corona del Mar Cottage Homes. Mr. Neish highlighted the proposed project: that there will be twenty -five four -plex condominium structures; that the buildings will be two -story structures but designed to provide access and elevation features; each building is designed so that each of the units is • directly accessible from street level accomplished by a duel street frontage; that the entire subdivision would appear as single story when viewed from the uphill side for the Sandcastle Drive and Harbor View Hills residents; that the streets in the subdivision are oriented east -west; the units will be privately owned and maintained; recreational facilities will be provided for the development on one -half acre located on the easterly side of the property immediately adjacent to Buck Gully; each unit will include an attached two car garage and the garage access is provided through a combination of individual and shared driveway access to allow varied building elevation and maximizes on- street parking; that 150 guest parking spaces will be available in addition to the off -site parking spaces associated with each unit; the units facing Harbor View Hills will appear to be single story and they will be 14 feet high from pad elevation; and that the maximum building heights from the lower streets will conform to the adopted height which is 24/28 feet. Mr. Neish responded to concerns that were previously raised during meetings with residents in the community and senior citizens. Regarding density, Mr. Neish • answered why there are more units (100) in the proposed project than the number of dwellings included in the -11- C o December 5, 1985 F m I y A o z c M m y m z C z z a N = o; a = O T o m f City Y f Newport Beach INDEX 150 units to occur on the site; and the City Council required that no blue water views from the adjacent lots on Sandcastle Drive would be obstructed by implementation of the proposed project. He said the measurement was required at -a point 30 inches above rear pad elevations on Sandcastle Drive lots. Mr. Neish cited that the City Council also removed from the General Plan the residential alternative land use designation from Buck Gully, which now stipulates recreational and environmental open space use only. Mr. Neish stated that the City Council directed the applicant to provide a means of reducing traffic generation from the project compared to the previously proposed Corona del Mar Cottage Homes. Mr. Neish highlighted the proposed project: that there will be twenty -five four -plex condominium structures; that the buildings will be two -story structures but designed to provide access and elevation features; each building is designed so that each of the units is • directly accessible from street level accomplished by a duel street frontage; that the entire subdivision would appear as single story when viewed from the uphill side for the Sandcastle Drive and Harbor View Hills residents; that the streets in the subdivision are oriented east -west; the units will be privately owned and maintained; recreational facilities will be provided for the development on one -half acre located on the easterly side of the property immediately adjacent to Buck Gully; each unit will include an attached two car garage and the garage access is provided through a combination of individual and shared driveway access to allow varied building elevation and maximizes on- street parking; that 150 guest parking spaces will be available in addition to the off -site parking spaces associated with each unit; the units facing Harbor View Hills will appear to be single story and they will be 14 feet high from pad elevation; and that the maximum building heights from the lower streets will conform to the adopted height which is 24/28 feet. Mr. Neish responded to concerns that were previously raised during meetings with residents in the community and senior citizens. Regarding density, Mr. Neish • answered why there are more units (100) in the proposed project than the number of dwellings included in the -11- MINUTES Underground utilities: .Mr. Neish advised that all of the project's utilities will be underground as well as the existing power poles existing on the south side of Fifth Avenue. Landscaping height: He commented that the City will control the landscaping as contained in the Conditions of Approval, and that the development's landscaping will not impair any blue water views. Project slippage of Sandcastle Drive lots and the slopes below Sandcastle Drive lots: 'Mr. Neish cited -12- x x c o � x - H 1 r 7 T z c m > E I z w p; 0 0 M = a = m m x December 5, 1985 . City of Newport Beach ROLL CALL INDEX previously proposed Corona del Mar Cottage homes (80): that in order to keep the selling price as low as possible, the applicant felt it appropriate to have more units than the previously proposed 80 unit plan, and, further, to satisfy the senior citizens' request that enough dwellings be available for seniors. He pointed out that the proposed 100 units is 15 units less than the City Council had previously approved under the General Plan designation. Traffic generation: Mr. Neish advised that the previously proposed Corona del Mar Cottage Homes would have generated 1,120 trips per day, whereas the proposed project would generate 750 trips per day, a 370 generated trip reduction. Mr. Neish opined that the 750 generated trips is a conservative figure because the 750 trips are based on 7 -1/2 trips per unit. He opined that senior projects normally generate a much lower generated trip rate, and after the project is built there won't be the 750 projected trips. He further, commented that seniors generally avoid driving during the peak morning and evening hours. View preservation: Mr. Neish stated that City Council adopted and approved the General Plan Amendment requiring "blue, water preservation for a line of site 30 inches above pad elevation homes along Sandcastle Drive ". He advised that a comprehensive view analysis by a consulting company was taken at each affected home, 15 lots, on Sandcastle Drive, and that Patricia Temple, Environmental Coordinator, supervised the work to assure that the locations that were used were the most pertinent and to verify the results of the study. He said that the results of the study indicate that the proposed structures, when constructed, have shown that the finished floor elevations will not obstruct any blue water views from Sandcastle Drive residents. Mr. Neish stated that the applicant concurs with modified Condition No. 50 as submitted by staff. Underground utilities: .Mr. Neish advised that all of the project's utilities will be underground as well as the existing power poles existing on the south side of Fifth Avenue. Landscaping height: He commented that the City will control the landscaping as contained in the Conditions of Approval, and that the development's landscaping will not impair any blue water views. Project slippage of Sandcastle Drive lots and the slopes below Sandcastle Drive lots: 'Mr. Neish cited -12- MINUTES December 5, 1985 Beach INDEX that modified Condition No. 50 relates. to the soil slippage as a result of the project, and during construction and a short time after construction, the applicant would be responsible, subsequently the homeowner's association. Two story structures vs. one story structures: Mr. Neish opined it is better to have twenty -five two -story structures as compared to one hundred one -story structures on the uphill side where the views are a concern, and that these structures will not exceed 14 feet in pad elevation. Property values in Harbor View Hills and old Corona del Mar: Mr. Neish opined that the proposed project is a trend setter for senior citizen housing, that senior citizens will be a compatible neighbor, and that senior citizens will take care of their property. He stated that the proposed project was not expected to cost as much as the Harbor View Hills homes, and that the proposed project lacks the views of the homes in Harbor View Hills. . Mr. Neish concluded his presentation by stating that the applicant has met or exceeded all of the conditions that City Council placed on the General Plan Amendment: proposed 100 units . vs. the allowable 115 units; preserved the .blue water views for residents on Sandcastle Drive at the 30 inch level; and reduced traffic generation compared to the previous Corona del Mar Cottage homes by 370 generated trips. Mr. Neish stated that the applicant concurs with the findings and conditions of approval in Exhibit "A" in addition to modified Conditions No. 17 and 50, and added Condition No. 61. In response to questions posed by Commissioner Koppelman, Mr. Neish replied that the applicant would agree ,to bonding the project to assure that soil' slippage would not happen; that the affordable unit requirement would be met at the Baywood Apartment complex; and that the applicant is considering a unit cost between $170,000.00 to $200,000.00. Commissioner Turner and Mr. Neish discussed the development's future landscaping controls over a long period of time, and the responsibilities of the homeowner's association to control the landscaping so . as not to impair Harbor View Hills homeowners' views. Mr. Neish commented that the applicant will plant low -lying landscaping, and that the CC &R's will contain landscaping requirements. -13- X s ... c ° o X - C o V m z c m o m z m a `_0 M m a o z r ° ° ; °° m s x City of Z a z s z* m MINUTES December 5, 1985 Beach INDEX that modified Condition No. 50 relates. to the soil slippage as a result of the project, and during construction and a short time after construction, the applicant would be responsible, subsequently the homeowner's association. Two story structures vs. one story structures: Mr. Neish opined it is better to have twenty -five two -story structures as compared to one hundred one -story structures on the uphill side where the views are a concern, and that these structures will not exceed 14 feet in pad elevation. Property values in Harbor View Hills and old Corona del Mar: Mr. Neish opined that the proposed project is a trend setter for senior citizen housing, that senior citizens will be a compatible neighbor, and that senior citizens will take care of their property. He stated that the proposed project was not expected to cost as much as the Harbor View Hills homes, and that the proposed project lacks the views of the homes in Harbor View Hills. . Mr. Neish concluded his presentation by stating that the applicant has met or exceeded all of the conditions that City Council placed on the General Plan Amendment: proposed 100 units . vs. the allowable 115 units; preserved the .blue water views for residents on Sandcastle Drive at the 30 inch level; and reduced traffic generation compared to the previous Corona del Mar Cottage homes by 370 generated trips. Mr. Neish stated that the applicant concurs with the findings and conditions of approval in Exhibit "A" in addition to modified Conditions No. 17 and 50, and added Condition No. 61. In response to questions posed by Commissioner Koppelman, Mr. Neish replied that the applicant would agree ,to bonding the project to assure that soil' slippage would not happen; that the affordable unit requirement would be met at the Baywood Apartment complex; and that the applicant is considering a unit cost between $170,000.00 to $200,000.00. Commissioner Turner and Mr. Neish discussed the development's future landscaping controls over a long period of time, and the responsibilities of the homeowner's association to control the landscaping so . as not to impair Harbor View Hills homeowners' views. Mr. Neish commented that the applicant will plant low -lying landscaping, and that the CC &R's will contain landscaping requirements. -13- MISSIONERS MINUTES x December 5, 1985 H z c m v y m m z c z w v! 0 r 0 m a = a City, of Newport Beach Commissioner Turner and Mr. Neish discussed subsidence, how long the proposed bond would be in effect and the responsibilities for bonding. In response to Commissioner Turner's question regarding a soils report, Mr. Webb explained that a Grading Consultant will take tests prior to the issuance of a grading permit and that the Grading Consultant will make recommendations regarding what types of protection are necessary, if protection is necessary. Mr. Ed Williams, 105 North Bayfront, President of OASIS, appeared before the Planning Commission. Mr. Williams stated his approval for the proposed development, and the desire of 260 senior citizens to purchase the proposed units adjacent to OASIS. He described the manner in which the project will affect Corona del Mar, how the development is being developed for the comfort and convenience for senior citizens, and the amenities for senior. citizens. Mr. Williams further commented that Friends of OASIS, residents on • 11111111 Sandcastle Drive, and The Bren Company have had many meetings during the past six months to discuss and resolve their differences. Mr. Ken Wasmann, 944 Sandcastle Drive, appeared before the Planning Commission. Mr. Wasmann stated that he supports the project; however, he cited several of his concerns: on -site lighting will be eye level with his windows, that the boundary fence remain between OASIS and Sandcastle Drive homeowners so that the children will not use the area as a passageway, that CC &R's regulate recreational vehicles and trucks, a study of the peak traffic at the intersection of Sandcastle Drive and Marguerite Avenue, and the chimney stack ridgeline. In response to questions posed by Chairman Person, Mr. Wasmann replied that the aforementioned fence is at the bottom of the slope, and that he would like to have the fence constructed again after the project is completed. Mr. Webb informed Mr. Wassman that the the exterior street lighting fixtures proposed have a pole top mounting with a lid that directs the light down. He said that the height of the poles are 15 feet to 18 feet, and he commented that the street lights will be designed so that the light will not be in the site plane. • I I I ! I I I I Mr. Boyd Stillings, 216 Dahlia Street, appeared before 1 the Planning Commission stating his support for the proposed project. -14- ROLL MINUTES o December 5, 1985 C x . V M i s c m 49 z a s a z r c x M _ x = T m City of Newport Beach Mr. Al Tice, 912 Sandcastle Drive, appeared before the Planning Commission. Mr. Tice stated his concerns regarding the chimney stacks and the boundary fence. Mr. Dick Nichols, 519 Iris Street, President of the Corona del Mar Community Association, appeared before the Planning Commission. Mr. Nichols invited representatives of The Bren Company to a meeting at OASIS at 10:00 a.m., December 14, 1985, to present the proposed project to residents of the community. Mr. Nichols stated his opposition to the proposed project, and he outlined why the previously proposed Corona del Mar Cottage Homes project at a density of 90 units with 30 foot x 120 foot lots for senior citizens would be a better use of the property than the proposed project: property values would have a better appreciation; there would be more open space for each of the dwellings; the use of alleys for storage purposes; better access onto Fifth Avenue without having curb cuts. He commented that the proposed project will look like a huge fort on the hill with block houses and walls; that there will be five curb cuts onto Fifth Avenue that have not previously been allowed; the Corona del Mar Cottage Homes would have the.same street pattern as in Corona del Mar; that the Corona del Mar Cottage Homes would have more to offer to the residents and to the residents of Harbor View Hills; and he said that the proposed project has the sidewalk up to the garage without any setbacks. Mr. Nichols stated that the proposed project only satisfies a low profile. Chairman Person reminded Mr. Nichols that Mr. Nichols had testified against the previously proposed Corona del Mar Cottage Homes. Mr. Nichols stated that the previous project was not restricted to the elderly, and there was high traffic generation. Mr. Nichols stated that he did not dislike the Corona del Mar Cottage Homes concept, but he believed that the previously proposed Brisa del Mar, Jasmine Park, and Corona del Mar Cottage Home projects along Fifth Avenue should give adequate park donations. Mr. Tyke Camaras, 932 Sandcastle Drive, appeared before the Planning Commission. Mr. Camaras stated that he has a concern that if the boundary fence is.eliminated there will be a continuity to the proposed project and • Harbor View Hills, and he recommended that a wall or fence be built for security purposes as well as to divide the properties. He opined that the property -15- COMMISSIONERS December 5, 1985 of Newport Beach MINUTES ROLL CALL I I I I I I I I I INDEX values in Harbor View Hills will diminish because the structures have nothing in common. Mr. Camaras stated that he believes that the proposed project will be good for the senior citizens and that the senior housing is needed. Mr. Camaras further stated his concern regarding security of the senior citizen's project, the increase in traffic, and that the Harbor View Hills residents should be protected by an insurance guarantee to protect their property. Mr. Richard F. Russell, 888 Sandcastle Drive, appeared before the Planning Commission. Mr. Russell presented pictures and a diagram describing views from Sandcastle Drive to the proposed .projects roof line, and to the blue water. Mr. Russell expressed the following concerns regarding the proposed project and the affect that the development will have on the Sandcastle Drive homes: that dirt will be added to increase the present site; the unsightly view planes will lower property values; to limit rooflines and smokestacks to top of grade; underground utilities should be required; developers should provide Sandcastle Drive. homeowners with slide insurance; and the environmental impact report does not address possible slippage on Sandcastle Drive slope or view impairment. Mr. Russell recommended the following conditions for granting any present or future zoning and construction permits to develop the proposed project: Any development on 5th Avenue, shall not extend above the top of the Sandcastle slope. (This specifically prohibits the proposed request that would permit roofline and smokestacks to extend 30 . inches or 2 1/2 feet above the Sandcastle slope). All onsite and offsite utilities must be underground. A bond to protect against slippage or .earth movement must be provided to protect Sandcastle homeowners for any damage to Sandcastle lots and improvements thereon due to excavation or vibration any time in the future. CC &R's must limit buildings, smokestacks, and landscaping, not to exceed the top of Sandcastle slope. -16- x � c o c m i z m a a= r m x m O M O ro s Z a z s= r December 5, 1985 of Newport Beach MINUTES ROLL CALL I I I I I I I I I INDEX values in Harbor View Hills will diminish because the structures have nothing in common. Mr. Camaras stated that he believes that the proposed project will be good for the senior citizens and that the senior housing is needed. Mr. Camaras further stated his concern regarding security of the senior citizen's project, the increase in traffic, and that the Harbor View Hills residents should be protected by an insurance guarantee to protect their property. Mr. Richard F. Russell, 888 Sandcastle Drive, appeared before the Planning Commission. Mr. Russell presented pictures and a diagram describing views from Sandcastle Drive to the proposed .projects roof line, and to the blue water. Mr. Russell expressed the following concerns regarding the proposed project and the affect that the development will have on the Sandcastle Drive homes: that dirt will be added to increase the present site; the unsightly view planes will lower property values; to limit rooflines and smokestacks to top of grade; underground utilities should be required; developers should provide Sandcastle Drive. homeowners with slide insurance; and the environmental impact report does not address possible slippage on Sandcastle Drive slope or view impairment. Mr. Russell recommended the following conditions for granting any present or future zoning and construction permits to develop the proposed project: Any development on 5th Avenue, shall not extend above the top of the Sandcastle slope. (This specifically prohibits the proposed request that would permit roofline and smokestacks to extend 30 . inches or 2 1/2 feet above the Sandcastle slope). All onsite and offsite utilities must be underground. A bond to protect against slippage or .earth movement must be provided to protect Sandcastle homeowners for any damage to Sandcastle lots and improvements thereon due to excavation or vibration any time in the future. CC &R's must limit buildings, smokestacks, and landscaping, not to exceed the top of Sandcastle slope. -16- COMMISSIONERS ROLL • MINUTES December 5, 1985 of Newport Beach The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. Dr. James DeLamater, 2312 Pacific Drive, appeared before the Planning Commission supporting the proposed project by stating that the development is the best utilization of ground elevation, a distribution of homes that will accommodate 100 families with a low transportation index, and will best serve the senior citizens in Corona del Mar. Mr. Abe Etingen, Sandcastle Drive, appeared before the Planning Commission. Mr. Etingen expressed his concern regarding the drainage. ditch that originates in Buck Gully into little Corona del Mar. Mr. Webb briefly described the drainage system that runs through the subject area of Buck Gully and Sandcastle Drive. He replied that the City has done an initial study regarding the drainage system, and will be,looking into more of the details in the final plans regarding the drainage ditch at the bottom of Buck Gully and the storm drain pipe that runs through Sandcastle Drive. Mr. William Kull, 950 Sandcastle Drive, appeared before the Planning Commission. He commented that the aforementioned storm drain pipe and the water line run through his property and he opined that the property could be unstable. Mr. Charles McCann, 3700 Seaview, appeared before the Planning Commission supporting the proposed project. Mr. McCann stated that retired senior citizens make a contribution to the community, and that there is a need senior housing. Mr. Matt Hall, 1654 Westcliff Drive, appeared before the Planning Commission supporting the proposed project. Mr. Hall stated ..that there is a unanimous opinion that the proposed senior housing will be the best in the area, that the area is very desirable, and that the price is affordable for senior citizens. Mr. Hall commented that senior citizens will keep the area attractively landscaped. Mr. William Nelson, 882 Sandcastle Drive, appeared before the Planning Commission. Mr. Nelson commented is that he supports the previously stated conditions presented by Mr. Russell, and he specifically pointed out his concern regarding the height of the proposed project roof line and the chimney stacks. -17- x x c o � x m z c m) m z m a a z r o x C 2 O; 0 0 a m 0 O m) w T Z a z a a w m ROLL • MINUTES December 5, 1985 of Newport Beach The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. Dr. James DeLamater, 2312 Pacific Drive, appeared before the Planning Commission supporting the proposed project by stating that the development is the best utilization of ground elevation, a distribution of homes that will accommodate 100 families with a low transportation index, and will best serve the senior citizens in Corona del Mar. Mr. Abe Etingen, Sandcastle Drive, appeared before the Planning Commission. Mr. Etingen expressed his concern regarding the drainage. ditch that originates in Buck Gully into little Corona del Mar. Mr. Webb briefly described the drainage system that runs through the subject area of Buck Gully and Sandcastle Drive. He replied that the City has done an initial study regarding the drainage system, and will be,looking into more of the details in the final plans regarding the drainage ditch at the bottom of Buck Gully and the storm drain pipe that runs through Sandcastle Drive. Mr. William Kull, 950 Sandcastle Drive, appeared before the Planning Commission. He commented that the aforementioned storm drain pipe and the water line run through his property and he opined that the property could be unstable. Mr. Charles McCann, 3700 Seaview, appeared before the Planning Commission supporting the proposed project. Mr. McCann stated that retired senior citizens make a contribution to the community, and that there is a need senior housing. Mr. Matt Hall, 1654 Westcliff Drive, appeared before the Planning Commission supporting the proposed project. Mr. Hall stated ..that there is a unanimous opinion that the proposed senior housing will be the best in the area, that the area is very desirable, and that the price is affordable for senior citizens. Mr. Hall commented that senior citizens will keep the area attractively landscaped. Mr. William Nelson, 882 Sandcastle Drive, appeared before the Planning Commission. Mr. Nelson commented is that he supports the previously stated conditions presented by Mr. Russell, and he specifically pointed out his concern regarding the height of the proposed project roof line and the chimney stacks. -17- MINUTES INDEX Mr. David Neish, reappeared before the Planning Commission. Mr. Neish referred to the residents on Sandcastle Drive's concern regarding the chimney stacks impairing their views. He cited that City Council previously adopted a condition of approval on the subject General Plan Amendment requiring blue water view preservation for a line -of -site 30 inches above pad elevation of homes along Sandcastle Drive. He opined that chimneys were not specified by the City Council, and that chimney stacks could be considered an architectural feature that can exceed the 30 inch level. Mr. Neish advised that the applicant will do everything possible to remedy any chimney stacks that penetrate the 30 inch views. Mr. Neish advised that the applicant will underground utilities even though the applicant is not responsible to underground the utilities. Mr. Neish commented that the applicant will cooperate with the neighborhood to diffuse the lighting. He said that the applicant will • provide a quality barrier between the proposed project and the Sandcastle Drive lots by a fence, wall or landscaping. Mr. Neish stated that the applicant and the City will work together so that a slippage does not occur. Chairman Person asked what is the chimney height indicated on the present drawings? Mr. Hewicker replied that at 10 feet of horizontal distance, the chimney must be 2 feet above the ridge of the roof. Commissioner Turner cited that the subject chimneys will not show on the view plane without standing on the edge of the patio looking straight down. He said that the floor elevations on the street next to the toe of the slope is approximately 30 feet higher than the elevations on Fifth Avenue. Discussion followed between Commissioner Turner and Mr. Neish regarding the possibility of lowering the-grading plan. In response to a question posed by Mr. Hewicker, Mr. Neish replied that the finished floor elevation to the ridge on the pad elevation is 14 feet. Mr. Hewicker cited that there is a difference of between 16 feet and 19 feet pad elevation of the finished floor elevation on the proposed project and the yard elevations on the Sandcastle Drive lots, and he described how the chimneys will not encroach into the blue water view. The public hearing was closed at this time. -18- '7 x T December 5, 1985 C o a 9 � y m i s m T a m a a= r 0 z 2 9= O Z City of Newport Beach OZ,. _ INDEX Mr. David Neish, reappeared before the Planning Commission. Mr. Neish referred to the residents on Sandcastle Drive's concern regarding the chimney stacks impairing their views. He cited that City Council previously adopted a condition of approval on the subject General Plan Amendment requiring blue water view preservation for a line -of -site 30 inches above pad elevation of homes along Sandcastle Drive. He opined that chimneys were not specified by the City Council, and that chimney stacks could be considered an architectural feature that can exceed the 30 inch level. Mr. Neish advised that the applicant will do everything possible to remedy any chimney stacks that penetrate the 30 inch views. Mr. Neish advised that the applicant will underground utilities even though the applicant is not responsible to underground the utilities. Mr. Neish commented that the applicant will cooperate with the neighborhood to diffuse the lighting. He said that the applicant will • provide a quality barrier between the proposed project and the Sandcastle Drive lots by a fence, wall or landscaping. Mr. Neish stated that the applicant and the City will work together so that a slippage does not occur. Chairman Person asked what is the chimney height indicated on the present drawings? Mr. Hewicker replied that at 10 feet of horizontal distance, the chimney must be 2 feet above the ridge of the roof. Commissioner Turner cited that the subject chimneys will not show on the view plane without standing on the edge of the patio looking straight down. He said that the floor elevations on the street next to the toe of the slope is approximately 30 feet higher than the elevations on Fifth Avenue. Discussion followed between Commissioner Turner and Mr. Neish regarding the possibility of lowering the-grading plan. In response to a question posed by Mr. Hewicker, Mr. Neish replied that the finished floor elevation to the ridge on the pad elevation is 14 feet. Mr. Hewicker cited that there is a difference of between 16 feet and 19 feet pad elevation of the finished floor elevation on the proposed project and the yard elevations on the Sandcastle Drive lots, and he described how the chimneys will not encroach into the blue water view. The public hearing was closed at this time. -18- COMMISSIONERS o December 5, 1985 It x y V � z c m Z m z C z N p 9 0 l 0 m City MM 9= x of Newport Beach z MINUTES ROLL .CALL 1 1 1 1 1 1 1 1 1 INDEX Mr. Webb cited that the CC &R's regulate the enforcement of the recreational vehicles. Mr. Hewicker pointed out that the proposed project's homeowners association will be responsible to maintain the slope area and, therefore, will have to penetrate the fenced area. Mr. Hewicker stated that a condition will be added to control the exterior street lighting system. In response to questions posed by Commissioner Winburn regarding the number of houses on Sandcastle Drive that would be affected by the roof line no higher than the existing grade of the proposed project, Ms. Temple replied that all of the roof lines and chimneys of the entire development will be below the elevation of any house on Sandcastle Drive. In response to a question posed by Commissioner Winburn regarding the mitigation measure at the intersection of Marguerite Avenue and East Coast Highway, Mr. Webb replied that the proposed concept is that there will be I I I I I I I three lanes going approximately one block easterly of Marguerite Avenue, and transitioning into two lanes during a portion of the next block. In response to a question posed by Commissioner Koppelman regarding off -site affordable housing and the affordable unit breakdown at the Haywood Apartments, Ms. Temple replied that approximately 12 affordable housing agreements have been executed for the 68 unit pool on the Baywood Apartment expansion site. Ms. Temple stated that if the Planning Commission approves the proposed condition of approval as worded, 10 units would be included from this project, and there are approved conditions in tentative tract maps to include 8 units from the Big Canyon Area 16 project. Discussion followed between Commissioner Kurlander and Ms. Temple regarding affordable housing requirements. Robert Lenard, Advance Planning Administrator, advised that the previously imposed 108 affordable housing requirement for the proposed project included consideration of the fact that the City previously designated the adjacent Buck Gully parcel as open space and that the City was attempting to balance its' affordable housing goals and open space goals. I ( I ( I I I ( In response to questions posed by Commissioner Goff, Mr. Webb explained how the addition of an easterly bound lane on East Coast Highway could alleviate the -19- CGM MISSIONERS x 0 C o E y v m z c m s m z Z A Z r 0 S C M Z 0 0 i Substitute Motion is MISSIONERS December 5, 1985 of Newport Beach mitigation measures to prevent soil slippage than the applicant shall be required to install same." Commissioner Koppelman agreed to the recommended Condition as Condition No. 62. Mr. Webb replied that the proposed Condition No. 62 would be agreeable to staff. Commissioner Koppelman requested Condition No. 63 be added to the motion stating that the proposed project's CCex's recommend that "the homeowner's association shall maintain the landscaping to preserve the blue water view of the Sandcastle Drive homeowners view plane ". Commissioner Koppelman recommended Condition No. 64 require underground utilities. In response to Commissioner Koppelman's request regarding a condition for on -site lighting, .Ms. Temple recommended that Condition No. 65 state "on -site lighting shall be designed so as to eliminate light glare and spillage in adjacent residential areas. Light sources shall be concealed from adjacent neighboring residential areas. Compliance with this condition shall be verified by a licensed electrial engineer ". Commissioner Eichenhofer advised that she would accept suggested Conditions No. 17, 50 and 61; however, she would not accept Condition No. 62 because Condition No. 27 of Tentative. Map of Tract No. 11949 states that the Grading Ordinance requires the Grading Engineer to receive soils reports from engineers prior to grading. Following a discussion period regarding the necessity for Condition No. 62, Commissioner Koppelman withdrew Condition No. 62, and Commissioner Eichenhofer recommended that Condition No. 65 replace Condition No. 62. Commissioner Eichenhofer advised that she would accept Condition No. 64 regarding underground utilities, and that she would not accept amended Condition No. 58 requesting 158 affordable housing instead of the proposed condition requesting 108 affordable housing. Commissioner Koppelman made a substitute motion to x incorporate Conditions No. 1, 17, 50, 61, 62, 63, and 64 as set forth by Commissioner Eichenhofer with the additional change of Condition No. 58 requiring 158 affordable housing to be provided off -site in the Baywood Apartments. Commissioner Koppelman reasoned that the 80 unit Corona del Mar Cottage Homes have -21- MINUTES INDEX �x c o � x _ � � m z c C m M y m z m a v z r x C S N O T+ 0 O O M m O m D T z D = y z r M m December 5, 1985 of Newport Beach mitigation measures to prevent soil slippage than the applicant shall be required to install same." Commissioner Koppelman agreed to the recommended Condition as Condition No. 62. Mr. Webb replied that the proposed Condition No. 62 would be agreeable to staff. Commissioner Koppelman requested Condition No. 63 be added to the motion stating that the proposed project's CCex's recommend that "the homeowner's association shall maintain the landscaping to preserve the blue water view of the Sandcastle Drive homeowners view plane ". Commissioner Koppelman recommended Condition No. 64 require underground utilities. In response to Commissioner Koppelman's request regarding a condition for on -site lighting, .Ms. Temple recommended that Condition No. 65 state "on -site lighting shall be designed so as to eliminate light glare and spillage in adjacent residential areas. Light sources shall be concealed from adjacent neighboring residential areas. Compliance with this condition shall be verified by a licensed electrial engineer ". Commissioner Eichenhofer advised that she would accept suggested Conditions No. 17, 50 and 61; however, she would not accept Condition No. 62 because Condition No. 27 of Tentative. Map of Tract No. 11949 states that the Grading Ordinance requires the Grading Engineer to receive soils reports from engineers prior to grading. Following a discussion period regarding the necessity for Condition No. 62, Commissioner Koppelman withdrew Condition No. 62, and Commissioner Eichenhofer recommended that Condition No. 65 replace Condition No. 62. Commissioner Eichenhofer advised that she would accept Condition No. 64 regarding underground utilities, and that she would not accept amended Condition No. 58 requesting 158 affordable housing instead of the proposed condition requesting 108 affordable housing. Commissioner Koppelman made a substitute motion to x incorporate Conditions No. 1, 17, 50, 61, 62, 63, and 64 as set forth by Commissioner Eichenhofer with the additional change of Condition No. 58 requiring 158 affordable housing to be provided off -site in the Baywood Apartments. Commissioner Koppelman reasoned that the 80 unit Corona del Mar Cottage Homes have -21- MINUTES INDEX COMMISSIONERS x x December 5, 1985 c o � x z c m i regarding her reasons for the change from 10% to 158, C Z 0 O Z O O i Z a Z a a m City of Newport Beach Commissioner Koppelman stated that the proposed project MINUTES ROLL CALL I I I I I I I I I INDEX increased in density to 100 homes, and she maintained that it would be a responsible position to take to require the additional 5 affordable housing units as they are available in the Haywood Apartments. In response to questions posed by Commissioner Goff regarding amended Condition No. 58 and the number of units to County median- income families and the number of units affordable to County low- income families, Ms. Temple replied that the increase from 108 affordable housing units to 15% affordable housing units in Haywood Apartments would favor the low- income families, 4 median- income units and 11 low- income units. Commissioner Kurlander opined that the applicant had given some bonus on this property because the applicant was relinquishing development rights on the Buck Gully property, and that property went to recreational open space which was a compromise to give the applicant a bonus on the property without any further bonus of affordable units. Chairman Person agreed with Commissioner Kurlander. Commissioner Turner stated that the proposed project is specifically limited to a special group of individuals in the community, and that the 10% allocation of affordable housing is a reasonable trade -off. Commissioner Winburn explained that she will support the substitute motion because the proposed project is not an affordable project and that there are many senior citizens that cannot afford $170,000.00 to $200,000.00 dwellings, and that there are many senior -22- In response to a question posed by Commissioner Goff regarding her reasons for the change from 10% to 158, Commissioner Koppelman stated that the proposed project is a higher density project of 100 units than the previously proposed Corona del Mar Cottage Homes of 80 units. She explained that the previously proposed • Brisa del Mar project in Corona del Mar proposed a 20% affordable rate to be transfered into Baywood Apartments, that the proposed project is a less intense project than Brisa del Mar, but more intense than the Corona del Mar Cottage Homes. Commissioner Koppelman explained that the 158 affordable housing rate is between 10% minimum rate of affordable housing and the 208 requested on Brisa del Mar. Commissioner Kurlander opined that the applicant had given some bonus on this property because the applicant was relinquishing development rights on the Buck Gully property, and that property went to recreational open space which was a compromise to give the applicant a bonus on the property without any further bonus of affordable units. Chairman Person agreed with Commissioner Kurlander. Commissioner Turner stated that the proposed project is specifically limited to a special group of individuals in the community, and that the 10% allocation of affordable housing is a reasonable trade -off. Commissioner Winburn explained that she will support the substitute motion because the proposed project is not an affordable project and that there are many senior citizens that cannot afford $170,000.00 to $200,000.00 dwellings, and that there are many senior -22- MINUTES December 5, 1985 Beach INDEX citizens that need housing. She emphasized that an increase of 108 affordable housing to 15% affordable housing is an increase of only 5 units. Chairman Person advised that, he will not support the substitute motion because of the density bonus of the Buck Gully dedication in which the City took a substantial portion of the open space. He commented that the Planning Commission has the discretion to require 10% to 30% of the units for affordable housing. Ayes x x The substitute motion was voted on to amend Condition Noes x x x x No. 1, amend Condition No. 17, amend Condition No. 50, amend Condition No. 58, add Condition No. 61, add Condition No. 62, add Condition No. 63, and add Condition No. 64. Motion voted on, MOTION DENIED. All Ayes X X Motion was voted on to approve Environmental Document, n Amendment No. 624, Traffic Study, and Tentative Map of r v m Tract No. 11949, subject to.the findings and conditions • Z c m y m Z a s °Z x y Z r °; P ° 2 M P m s r m °City of Z 9 Z y Z T m MINUTES December 5, 1985 Beach INDEX citizens that need housing. She emphasized that an increase of 108 affordable housing to 15% affordable housing is an increase of only 5 units. Chairman Person advised that, he will not support the substitute motion because of the density bonus of the Buck Gully dedication in which the City took a substantial portion of the open space. He commented that the Planning Commission has the discretion to require 10% to 30% of the units for affordable housing. Ayes x x The substitute motion was voted on to amend Condition Noes x x x x No. 1, amend Condition No. 17, amend Condition No. 50, amend Condition No. 58, add Condition No. 61, add Condition No. 62, add Condition No. 63, and add Condition No. 64. Motion voted on, MOTION DENIED. All Ayes Motion was voted on to approve Environmental Document, Amendment No. 624, Traffic Study, and Tentative Map of Tract No. 11949, subject to.the findings and conditions • of approval is Exhibit "A ", and to amend Condition No. 1 of the Traffic Study: "The circulation system improvement shall be subject to the approval of the City Traffic Engineer, and shall not cause any loss of on- street parking on East Coast Highway "; Condition No. 17: "that lots C, D, E, and F be cared for and maintained by the homeowners association so as to protect the slopes from erosion and deterioration "; Condition No. 50: "the development shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections. The final grading plan shall reflect the elevations shown on the plot plan which will, in combination with the design concept of the structures insure the view preservation required by the General Plan "; Condition No. 61: "All structures on the project site shall have non - combustible roof coverings "; Condition No. 62: "On -site lighting shall be designed so as to eliminate light glare and spillage in adjacent residential areas. Light sources shall be concealed from adjacent neighboring residential areas. Compliance with this condition shall be verified by a licensed electrical engineer "; Condition No. 63: "A provision to the CC &R's that the homeowners association shall maintain the landscaping to preserve a blue water view of the Sandcastle Drive homeowners view plane "; Condition No. • 64: "requiring all underground utilities ". MOTION CARRIED. -23- MINUTES INDEX A. ENVIRONMENTAL DOCUMENT Approve the draft Environmental Impact Report for the Corona del Mar Seniors Project and supportive mate- rials; recommend that the City Council certify the Environmental Document is complete and make the Find- ings listed below: FINDINGS: 1. That the environmental document has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of this environmental document have been considered in the various decisions on the project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures 0 11111111 discussed in the environmental document have been incorporated into the proposed project. B. AMENDMENT NO. 624 Approve Amendment No. 624 establishing Planned Communi- ty District Regulations and adopting a Planned Communi- ty Development Plan for the Corona del Mar Seniors Project; also amending portions of Districting Maps.NO. 32 and 51 reclassifying said property from the R -1 -B District to the P -C (Planned Community) District; and, recommend to the City Council approval of said amend- ment. C. TRAFFIC STUDY Approve the Traffic Study and make the following Findings, based upon the facts and subject to the Conditions listed below: FINDINGS: • 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. -24- X o 0I December 5; 1985 f s m y 9 9 z c m a m z `= W a W z °r a= ° T °I m City Y of Newport P Beach INDEX A. ENVIRONMENTAL DOCUMENT Approve the draft Environmental Impact Report for the Corona del Mar Seniors Project and supportive mate- rials; recommend that the City Council certify the Environmental Document is complete and make the Find- ings listed below: FINDINGS: 1. That the environmental document has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of this environmental document have been considered in the various decisions on the project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures 0 11111111 discussed in the environmental document have been incorporated into the proposed project. B. AMENDMENT NO. 624 Approve Amendment No. 624 establishing Planned Communi- ty District Regulations and adopting a Planned Communi- ty Development Plan for the Corona del Mar Seniors Project; also amending portions of Districting Maps.NO. 32 and 51 reclassifying said property from the R -1 -B District to the P -C (Planned Community) District; and, recommend to the City Council approval of said amend- ment. C. TRAFFIC STUDY Approve the Traffic Study and make the following Findings, based upon the facts and subject to the Conditions listed below: FINDINGS: • 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. -24- COM • 0 December 5, 1985 of Newport Beach 2. That the Traffic Study indicates that the proj- ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of two critical intersections, and will add to an unsatisfactory level of traffic service at the two critical intersections, which will have an Intersection Capacity Utilization of more than .9000. 3. That a circulation system improvement has been suggested which will improve the level of traffic service to an acceptable level at the critical intersection. CONDITION: 1. That prior to occupancy of any portion of the project facilities, the circulation system im- provement described in the staff report to the intersection at East Coast Highway and Marguerite Avenue and at MacArthur Boulevard and San Joaquin Hills Road will be in place (unless subsequent project approval requires modification thereto). The circulation system improvement shall be subject to the approval of the City Traffic Engineer, and shall not cause any loss of on- street parking on East Coast Highway. D. TENTATIVE MAP OF TRACT NO. 11949 Recommend that the City Council approve the Tentative Map of Tract No. 11949 subject to the following Find- ings and Conditions of Approval: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans. 2. That the Planning Commission is satisfied with the plan of the subdivision as recommended. 3. That the subdivision, as recommended, presents no problems from a planning standpoint. -25- MINUTES x x C F a v = z c M m a m z W a a , X 2 A m 0 m a r Z a Z a Z T m • 0 December 5, 1985 of Newport Beach 2. That the Traffic Study indicates that the proj- ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of two critical intersections, and will add to an unsatisfactory level of traffic service at the two critical intersections, which will have an Intersection Capacity Utilization of more than .9000. 3. That a circulation system improvement has been suggested which will improve the level of traffic service to an acceptable level at the critical intersection. CONDITION: 1. That prior to occupancy of any portion of the project facilities, the circulation system im- provement described in the staff report to the intersection at East Coast Highway and Marguerite Avenue and at MacArthur Boulevard and San Joaquin Hills Road will be in place (unless subsequent project approval requires modification thereto). The circulation system improvement shall be subject to the approval of the City Traffic Engineer, and shall not cause any loss of on- street parking on East Coast Highway. D. TENTATIVE MAP OF TRACT NO. 11949 Recommend that the City Council approve the Tentative Map of Tract No. 11949 subject to the following Find- ings and Conditions of Approval: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans. 2. That the Planning Commission is satisfied with the plan of the subdivision as recommended. 3. That the subdivision, as recommended, presents no problems from a planning standpoint. -25- MINUTES MINUTES I J I I I( I COMMISSIONERS X z C O n x a m z c m s m z ff m a a z r m x A m O m D r OT I limit z a z a z r m 4. That the site is physically suitable for the recommended density of development. 5. That the design of the recommended subdivision or the proposed improvements are not likely to cause serious public health problems. 6. That the design of the recommended subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the subdivision. 7. That the discharge of waste from the recommended subdivision into an ,existing community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 of the Water Code. S. That the recommended subdivision is consistent, with the Newport Beach General Plan, and the policies contained therein. CONDITIONS: 1. That a final map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That the intersection of the streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twen- ty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to approval of the City Traffic Engineer. -26- 5; 1985 December 5 City o of N Newport B Beach O n x a m z c m s m z ff m a a z r m x A m O m D r OT I limit z a z a z r m 4. That the site is physically suitable for the recommended density of development. 5. That the design of the recommended subdivision or the proposed improvements are not likely to cause serious public health problems. 6. That the design of the recommended subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the subdivision. 7. That the discharge of waste from the recommended subdivision into an ,existing community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 of the Water Code. S. That the recommended subdivision is consistent, with the Newport Beach General Plan, and the policies contained therein. CONDITIONS: 1. That a final map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That the intersection of the streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twen- ty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to approval of the City Traffic Engineer. -26- COMMISSIONERS x x n A 9 = y y r v 2 C T D T z = C A A= r O 2 C z V' O S O O i n o m D z A z r m December 5, 1985 of Newport Beach MINUTES ROLL CALL I I I I I I I I I INDEX • 5. That a standard subdivision agreement and accompa- nying surety be provided to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit or record the tract map prior to completion of the public improvements. 6. That the water capital improvement fees be paid. 7. That street, drainage and utility improvement be shown on standard improvement plans prepared by a licensed civil engineer. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer and that these plans be approved prior to the issuance of the final site grading plan. 9. That the design of the private streets and drives conform with the City's Private Street Policy (L -4), except as otherwise approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive system shall be subject to further review and approval by the City Traffic Engineer. 10. That asphalt or concrete access roads shall be provided to all public utilities, vaults, man- holes, and junction structure locations, with width to be approved by the Public Works Depart- ment. 11. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. A storm drain shall be extended on site to pick up drainage from the proposed tract. 12. That prior to issuance of any grading or building permits for the site, the applicant shall demon- strate to the satisfaction of the Public Works -27- ROLL MINUTES Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the City's Utilities Department and the County Sanitation District. 13. That County Sanitation District fees be paid.prior to issuance of any building permits. 14. That a paved access road be constructed by the project proponent to Buck Gully from the corner of Fifth Avenue and Poppy Avenue for access to City utilities, with the design to be approved by the Public Works Department. 15. That easements for public emergency and security ingress, egress, and public utilities purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. • 16. That storm drain easements be a minimum of 15 feet, wide and that storm drain and utility easements not be split by fences. That all uses of the surface within the easement shall be subject to an encroachment permit approved by the Public Works Department. 17. That lots C, D, E, and F be cared for and maintained by the homeowners association so as to protect the slopes from erosion and deterioration. 18. That full improvements on both sides of Narcissus Avenue be constructed. 19. That the Fifth Avenue frontage be .improved to a 40 foot width curb -to -curb, with curbs, gutter, sidewalk, pavement, street lights, and storm drain, and that existing power lines be un- der- grounded. 20. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 21. That if it is desired to have a. control gate at the entrances, 80 feet of vehicle storage and a 50 OEM c o �) December 5, 1985 f z v = v y m z c m y m > z C= D N z osoo� 9 = � m City Y f Newport p Beach Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the City's Utilities Department and the County Sanitation District. 13. That County Sanitation District fees be paid.prior to issuance of any building permits. 14. That a paved access road be constructed by the project proponent to Buck Gully from the corner of Fifth Avenue and Poppy Avenue for access to City utilities, with the design to be approved by the Public Works Department. 15. That easements for public emergency and security ingress, egress, and public utilities purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. • 16. That storm drain easements be a minimum of 15 feet, wide and that storm drain and utility easements not be split by fences. That all uses of the surface within the easement shall be subject to an encroachment permit approved by the Public Works Department. 17. That lots C, D, E, and F be cared for and maintained by the homeowners association so as to protect the slopes from erosion and deterioration. 18. That full improvements on both sides of Narcissus Avenue be constructed. 19. That the Fifth Avenue frontage be .improved to a 40 foot width curb -to -curb, with curbs, gutter, sidewalk, pavement, street lights, and storm drain, and that existing power lines be un- der- grounded. 20. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 21. That if it is desired to have a. control gate at the entrances, 80 feet of vehicle storage and a 50 OEM MINUTES INDEX foot wide turn- around shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 22. Development of the site shall be subject to a grading permit to be approved by the Building and reviewed by the Planning Department and Public Works Department. 23. That the grading plan shall include a complete plan for temporary and permanent. drainage facil- ities, to minimize any potential impacts from silt, debris, and other water pollutants. 24. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. • 11111111 25. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department. 26. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design: 27. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 28. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This report shall be reviewed and approved by the Planning, Public Works, and Building Department. 29. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. -29- c o nl December 5, 1985 f m y o y 2 c m a m = C Z 9= N O S O T O A= j City of Newport Beach INDEX foot wide turn- around shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 22. Development of the site shall be subject to a grading permit to be approved by the Building and reviewed by the Planning Department and Public Works Department. 23. That the grading plan shall include a complete plan for temporary and permanent. drainage facil- ities, to minimize any potential impacts from silt, debris, and other water pollutants. 24. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. • 11111111 25. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department. 26. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design: 27. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 28. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This report shall be reviewed and approved by the Planning, Public Works, and Building Department. 29. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. -29- COMMISSIONERS 0 December 5, 1985 of Newport Beach 30. The recommendations by the soils engineer and engineering geologist relative to surface and subsurface drainage will be incorporated into project development to ensure proper groundwater drainage. 31. Prior to the issuance of a grading permit, the project proponent shall submit to the City a Master Plan of Drainage. Said plan shall detail all drainage improvements and evaluate local drainage capacity. Said plan shall be received and approved by the City engineer prior to the issuance of any grading permit. 32. During grading the site will be watered to control dust. 33. Prior to grading, a plan will be developed to restrict construction truck traffic along residential streets and to confine the limits of grading to the project site. 34. The recommendations of the soils and engineering geologists will be incorporated into the project design. 35. Grading plans shall include methods for minimizing intrusion of off -site activities into the riparian habitat within Buck Gully. 36. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. 37. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department and Public Works Department. 38. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 39. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. -30- MINUTES INDEX x x a o x m Z C y m 2 M a x z a x C Z N O i o o a i m D Z M z o m 0 December 5, 1985 of Newport Beach 30. The recommendations by the soils engineer and engineering geologist relative to surface and subsurface drainage will be incorporated into project development to ensure proper groundwater drainage. 31. Prior to the issuance of a grading permit, the project proponent shall submit to the City a Master Plan of Drainage. Said plan shall detail all drainage improvements and evaluate local drainage capacity. Said plan shall be received and approved by the City engineer prior to the issuance of any grading permit. 32. During grading the site will be watered to control dust. 33. Prior to grading, a plan will be developed to restrict construction truck traffic along residential streets and to confine the limits of grading to the project site. 34. The recommendations of the soils and engineering geologists will be incorporated into the project design. 35. Grading plans shall include methods for minimizing intrusion of off -site activities into the riparian habitat within Buck Gully. 36. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. 37. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department and Public Works Department. 38. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 39. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. -30- MINUTES INDEX COMMISSIONERS X n v % _ o C z O 9 M C) C) 2 Z N O C o o .A m IC o m s M +� Z a z z z a m MINUTES December 5, 1965 of Newbort Beach 40. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 41. Landscape plans for the slope adjacent to the Harbor View Hills South homes will be subject to review by the City of Newport Beach prior to implementation to determine what, if any, pene- tration of view planes will result. The purpose of this review will be to derive input concerning species and location of trees to be utilized, so that landscaping will not interfere with views currently enjoyed. 42. All manufactured slopes will be no steeper than 2 to 1 horizontal to vertical for maximum stability. Further, all recontoured slopes will be reland- scaped. 43. Manufactured slopes in Buck Gully will be undulat- ed and rounded at the toe of the slope to produce a natural appearance, positive drainage, and blending with undisturbed areas. 44. The recontoured slope adjacent to Buck Gully will be reviewed during the landscape plan for potential as a repository for rare or endangered plant species from the surrounding area. 45. Landscape plans for all manufactured slopes will be developed utilizing a plant palette consisting of drought - tolerant native and naturalized species similar to those found in the area. This en- hanced, natural vegetative cover will be imple- mented upon completion of grading so as to ensure establishment of the vegetation as quickly as possible to control erosion. The revegetation program could include relocation of rare and endangered species to be removed by development to suitable habitat in the project's portion of Buck Gully. Further, topsoil used for the slope into Buck Gully should be of the type suitable for introduction of the native species. 46. A temporary irrigation system will be installed to . assist in the establishment of the vegetation and will be removed once accomplished, -31- MINUTES INDEX 47. That any cul -de -sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department. 48. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 49. Fire department access and fire vehicle access shall be approved by the Fire Department. 50. The development shall be in substantial confor- mance with the approved plot plan, floor plans, elevations, and sections. The final grading plan shall reflect the elevations shown on the plot plan which will, in combination with the design concept of the structures insure the view preservation required by the General Plan. 51. The project should investigate the use of alterna- tive energy sources (i.e. solar) and to the 0 11111111 maximum extent economically feasible incorporate the use of said in project designs. 52. All buildings shall conform to the Uniform Build- ing Code and the City's seismic design standards. 53. All work shall be done in accordance with the Standard City Policies and Requirements regarding paleontological and archaeological procedures, respectively. 54. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractor of the results of the APC study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop to temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 55. in the event that significant archaeological remains are uncovered during excavation and /or grading, all work shall stop in that area of the subject property until an appropriate data recov- -32- C o o of D December 5, 1985 f y m y v v m z c m m z z M m z = = T m m z City o of N Newport B Beach INDEX 47. That any cul -de -sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department. 48. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 49. Fire department access and fire vehicle access shall be approved by the Fire Department. 50. The development shall be in substantial confor- mance with the approved plot plan, floor plans, elevations, and sections. The final grading plan shall reflect the elevations shown on the plot plan which will, in combination with the design concept of the structures insure the view preservation required by the General Plan. 51. The project should investigate the use of alterna- tive energy sources (i.e. solar) and to the 0 11111111 maximum extent economically feasible incorporate the use of said in project designs. 52. All buildings shall conform to the Uniform Build- ing Code and the City's seismic design standards. 53. All work shall be done in accordance with the Standard City Policies and Requirements regarding paleontological and archaeological procedures, respectively. 54. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractor of the results of the APC study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop to temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 55. in the event that significant archaeological remains are uncovered during excavation and /or grading, all work shall stop in that area of the subject property until an appropriate data recov- -32- MINUTES ery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and /or developer. 56. A paleontological monitor shall be retained by the landowner and /or developer to attend pregrade meetings and perform inspections during develop- ment. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 57. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952, related to City of Newport Beach responsibilities for mitigation of archaeological impacts, in a manner acceptable to the City Attorney. 58. Prior to issuance of any grading or building permits for development on this site, an agreement • shall be entered into by developer, landowner and City providing for a number of units equal to at least 108 of the total units be provided on -site or off -site on the Baywood Expansion with 758 of the units affordable to County median - income families and 25% of the units affordable to County low - income families. 59. That Lot A shown on TTN 11949 be dedicated to the. City to satisfy the requirements of the Park Dedication Ordinance. The applicant shall be required to grade this lot plus approximately 0.40 acre of the OASIS park site in such a manner as to provide a continuous, flat area on the entire park area. The balance of park dedication requirements shall be met through the payment of in -lieu fees. 60. Roof -top television antennas are prohibited. 61. All structures on the project site shall have non - combustible roof coverings. 62. On -site lighting shall be designed so as to eliminate light glare and spillage in adjacent residential areas. Light sources shall be concealed from adjacent neighboring residential areas. Compliance with this condition shall be verified by a licensed electrical engineer. -33- C o cI 5, 1985 December a m y 9 9 z c m y m z _= C n= N OX00� a= T m City Y f Newport Beach 1- ery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and /or developer. 56. A paleontological monitor shall be retained by the landowner and /or developer to attend pregrade meetings and perform inspections during develop- ment. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 57. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952, related to City of Newport Beach responsibilities for mitigation of archaeological impacts, in a manner acceptable to the City Attorney. 58. Prior to issuance of any grading or building permits for development on this site, an agreement • shall be entered into by developer, landowner and City providing for a number of units equal to at least 108 of the total units be provided on -site or off -site on the Baywood Expansion with 758 of the units affordable to County median - income families and 25% of the units affordable to County low - income families. 59. That Lot A shown on TTN 11949 be dedicated to the. City to satisfy the requirements of the Park Dedication Ordinance. The applicant shall be required to grade this lot plus approximately 0.40 acre of the OASIS park site in such a manner as to provide a continuous, flat area on the entire park area. The balance of park dedication requirements shall be met through the payment of in -lieu fees. 60. Roof -top television antennas are prohibited. 61. All structures on the project site shall have non - combustible roof coverings. 62. On -site lighting shall be designed so as to eliminate light glare and spillage in adjacent residential areas. Light sources shall be concealed from adjacent neighboring residential areas. Compliance with this condition shall be verified by a licensed electrical engineer. -33- • 63. A provision shall be included in the CC &R's that the homeowners association shall maintain the landscaping to preserve a blue water view of the Sandcastle Drive homeowners view plane. 64. On -site utilities and the utilities on Fifth Avenue between Poppy Avenue and Marguerite Avenue shall be undergrounded. The Planning Commission meeting was adjourned at 10:28 ( Adjourn - p.m. ment PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -34- COAA/V\ISSIONERSI MINUTES a A - o c � December 5, 1985 x m z c m s m z c 2 N a i o o z z m a T m City of Newport Beach p 9 ROLL CALL INDEX • 63. A provision shall be included in the CC &R's that the homeowners association shall maintain the landscaping to preserve a blue water view of the Sandcastle Drive homeowners view plane. 64. On -site utilities and the utilities on Fifth Avenue between Poppy Avenue and Marguerite Avenue shall be undergrounded. The Planning Commission meeting was adjourned at 10:28 ( Adjourn - p.m. ment PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -34-